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HCAL 1736/2020
[2025] HKCFI 5243
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1736 of 2020
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BETWEEN
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Khan Muhammad Saleem |
Applicant |
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and |
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Torture Claims Appeal Board /
Non-Refoulement Claims Petition Office |
Putative
Respondent |
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and |
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Director of Immigration |
Putative |
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Interested Party |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by Deputy High Court Judge (Non-Refoulement Claims) Lewis Law:
1. Leave to withdraw the application for leave to apply for judicial review be granted;
2. The application for leave to apply for judicial review be dismissed.
Observations for the Applicant:
1. By a Form 86 filed on 27 August 2020 (“Form 86”), the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“TCAB”) dated 12 August 2020 (“the TCAB Decision”), which was made pursuant to a petition/appeal from the decision of the Director of Immigration dated 3 April 2020.
2. The Applicant has not requested an oral hearing for this leave application. On 21 October 2025, the Applicant filed an affirmation with the Court which said he wanted to withdraw this application. He said he wished to close his case as soon as possible. In the circumstances, I am satisfied that the Applicant decided to withdraw on his own volition and free will. I acceded to the application for withdrawal without adjudicating on its merits. As there was nothing outstanding, and the action should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi [2022] HKCA 471 at paragraph 19.
Dated the 7th day of November 2025
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(Cheung Ho Yat, Annson)
for Registrar, High Court
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Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notes for the Applicant:
If leave has been granted, the Applicant or the Applicant’s solicitors must:
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
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Sent to the Applicant on 7 November 2025
Khan Muhammad Saleem
Applicant’s ref. no.:
Nil. |
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Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 7 November 2025
Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 16877/20/4/43/P3314
Director of Immigration
Putative Interested Party’s ref. no.:
QA T/C 66/20 (formerly RBCZ 10016/20)
Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2) |
Form CALL-1
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